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Eurociett welcomes EU Court of Justice decision on temporary agency work

Eurociett has welcomed the decision that will allow the agency work industry to contribute to better functioning labour markets.

Today, the Court of Justice of the European Union (CJEU) gave its first ever judgement (case C-533/13) interpreting article 4 of the Directive on temporary agency work (2008/104/EC). The CJEU explicitly states that article 4(1) of the Agency Work Directive limits the possibility of member states to restrict the use of temporary agency work. In order to comply, member states have only two options: either remove any prohibitions or restrictions which cannot be justified under article 4(1), or, where applicable, to adapt legislation in order to render them compliant with the Agency Work Directive.

As stated in the court ruling, prohibitions or restrictions on the use of temporary agency work are only allowed on grounds of general interest, in particular the protection of temporary agency workers, the requirements of health and safety at work or the need to ensure that the labour market functions properly and abuses are prevented.

Annemarie Muntz, President of Eurociett, comments on this much anticipated ruling: “The court decision clearly confirms Eurociett’s assessment that the required review of restrictions by member states is not a one-off exercise, but that there is a permanent obligation on them to comply with article 4(1) of the Agency Work Directive.”

For the CJEU, the key lies in an appropriate national legislative framework on the use of temporary agency work. Annemarie Muntz adds: “It is now up to the national authorities and courts to judge whether restrictions in national laws or collective labour agreements are compliant with the objectives and the scope of the Agency Work Directive”.

Following this clear interpretation by the CJEU, Eurociett will continue to work closely with the European institutions to ensure member states’ correct application of the directive for the benefit of well-functioning labour markets, allowing the agency work industry to support inclusive and sustainable job growth.

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